(영문) 수원지방법원 2015.05.27 2014구단32329

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(영문) 수원지방법원 2015.05.27 2014구단32329

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 5, 2014, at around 22:44, the Plaintiff driven a CKaman car on the front road of Eunpyeong-gu Seoul Metropolitan Government, while under the influence of alcohol with 0.107% alcohol level.

B. On June 24, 2014, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number: D) on July 21, 2014 by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving.

[Ground of recognition] Evidence Nos. 1, No. 1 to 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he/she had a meal and drinking alcohol for business consultation with employees of the workplace club and the business partners. After that, the plaintiff used the substitute engineer for collecting blood at the site of blood, he/she did not have an employee of the business place until the height of the game where his/her residence, but the substitute engineer was not in the outer area, and operated a vehicle on the road at approximately 5 meters section to move the vehicle to the alleyway. At the time, there was an inevitable reason for the plaintiff to move the vehicle rapidly to resolve the situation where the traffic flow is obstructed. The fact that the plaintiff was obstructed at the time, the fact that there was no stated statement by the plaintiff, and there was no intention of drinking driving due to driving for the mobile parking, and that there was no intention of drinking driving more than the pulmonary values, but it was unlawful for the police officer to promptly complete the test of blood collection without any inevitable measure by inducing him/her, and that the disposition of this case was made within 10% of the discretionary power of this case.

B. Even if the revocation of the driver's license on the ground of the judgment of drinking driving is the discretionary act of an administrative agency, today's automobiles are popular.

참조조문

-도로교통법 제93조 제1항 제1호

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